Ramtirath Sah @ Ramtirath Kumar @ Ramtirath Kumar Sah @ Bholi Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53591 of 2022 Arising Out of PS. Case No.-217 Year-2022 Thana- LAXMIPUR District- Jamui ====================================================== RAMTIRATH SAH @ RAMTIRATH KUMAR @ RAMTIRATH KUMAR SAH @ BHOLI SAH SHRAVAN SAH RESIDENT OF VILLAGE SUKHASAN PS LAKSHMIPUR DIST JAMUI ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Surendra Kumar Mishra For the Opposite Party/s :

Mr.Rajeev Nayan, App,231 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-12-2022 Heard both sides.

The petitioner apprehends his arrest in connection with Laxmipur P.S. Case No.217 of 2022, registered for the offences punishable under Sections 341, 323, 324, 308, 337, 379 and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that occurrence took place on 01.07.2022, but the FIR was lodged on 04.07.2022 after delay of three days without giving any explanation which creates a serious doubt on the veracity of the prosecution case. It is submitted that petitioner

Patna High Court CR. MISC. No.53591 of 2022(2) dt.15-12-2022 2/2 and informant are agnates and there is admitted land dispute between the parties. It is further submitted that there is case and counter case between the parties. It is also submitted that nature of injury no.2 is simple and opinion regarding nature of injury no.1 is reserved.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Taking into consideration the facts and circumstances of the case, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Jamui in connection with Laxmipur P.S. Case No.217 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) Sanjay/- U T